Annex: License agreement for the use of software provided by HeyOkay sp. z o. o. to provide the Service.
Section I. GENERAL PROVISIONS.
1. The following provisions constitute the Terms referred to in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws 2002 No. 144, item 1204, as amended).
2. The Terms set out the rules for the provision of electronic services by HeyOkay sp. z o.o. - The company is entered in the Register of Entrepreneurs of the National Court Register kept by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under number KRS: 0001123452. Services are provided within an online communication platform available in the ICT system of HeyOkay sp. z o.o.
3. The ICT system of HeyOkay sp. z o.o. is a set of cooperating IT devices and software that enables the processing and storage of data, as well as their sending and receiving via telecommunications networks, using appropriate terminal devices for a given network.
4. The provision of electronic services by HeyOkay sp. z o.o. consists in making available to Users certain Platform functionalities, which may also include software necessary to use them. These services have specific characteristics and are carried out by sending and receiving data via ICT systems, at the User’s individual request, without the need for the parties to be present simultaneously. Data transmission takes place via public networks.
5. The Service is provided for:
a. natural persons with full or limited legal capacity who are at least 16 years old,b. other entities with legal capacity under separate provisions that have accepted the Terms and concluded a service agreement,6. HeyOkay sp. z o. o. provides, at: https://heyokay-api.herokuapp.com/info/zagrozenia, access to the information referred to in Article 6 of the Act.
7. The Service is provided free of charge
8. By registering an account in HeyOkay, the user accepts the conditions set out in these Terms.
9. By approving the Terms, the User agrees to share the content, photos or graphics they post, including their image if the published materials depict them.
Section II: TYPES AND SCOPE OF THE SERVICE COVERED BY THE TERMS.
1. Within the Platform, HeyOkay sp. z o.o. offers Services with a variety of Functionalities.
2. Functionalities may include, in particular:
a. sending text messages,b. sending graphic messages,c. sending text-and-graphic messages,d. sending compressed multimedia messages,e. archiving sent messages,f. providing space in the resources of HeyOkay sp. z o. o.’s ICT system (hosting) for storing data (files) and synchronizing this data between the ICT system and end devices,g. enabling other Users to access the data (files) entered,
h. enabling the use of applications that extend Functionalities, offered both by HeyOkay sp. z o. o. and by third parties,
i. a random chat partner function,
j. a chat partner search function,
k. a function for receiving codes and notifications from external entities,
3. As part of the Platform, HeyOkay sp. z o.o. provides information, instructions and explanations concerning Services or Functionalities in a separate form (e.g. graphic fields, pop-up windows and others) or by referring to instructions, at the moment the User performs specific actions using tools or software made available by HeyOkay sp. z o.o. as part of the Service.
4. HeyOkay sp. z o.o. updates the data referred to in paragraphs 2 and 3 in the event of changes in the Services or Functionalities provided.
5. The Platform also enables access to applications provided by third parties. In such a case, the application is not part of the Platform and the User’s use of it is not considered use of the Service. The User is informed of this before starting to use the application, and the transfer of data from the ICT system of HeyOkay sp. z o.o., required to use such an application, is carried out at the User’s request and risk. Completing the installation process of an application provided through the Platform by a third party is equivalent to the User’s request to HeyOkay sp. z o.o. to transfer certain data, including personal data, from the ICT system of HeyOkay sp. z o.o. Uninstalling a third-party application is equivalent to withdrawing the User’s consent to transfer data.
Section III: CONDITIONS FOR PROVIDING THE SERVICE.
1. Providing the Service requires that the User has an ICT system meeting the following minimum technical requirements:
a. access to the Internet,b. an end device,c. in some cases, using software that enables reading files in various formats (e.g., graphic, audio, multimedia, text, video, etc.).,1. Providing the Service requires that the User has an ICT system meeting the following minimum technical requirements:
2. In HeyOkay sp. z o.o.’s ICT system, HeyOkay sp. z o.o. makes selected data entered by the User available to other Users in order to provide the Service to those Users.
3. The User may stop using the Service at any time.
4. The User is obliged to:
a. comply with the law, the Terms, good customs, and generally accepted rules of using the Internet,b. use the Service in a manner that does not infringe the rights of HeyOkay sp. z o.o. or third parties,c. refrain from mass creation of HeyOkay Accounts for purposes inconsistent with their intended use.d. To limit mass creation of HeyOkay Accounts, HeyOkay sp. z o.o. introduces restrictions on registering accounts using unauthorized email domains.5. The User must avoid any unlawful actions when using the Service, in particular:
a. using the Service, directly or indirectly, in a manner contrary to the law, the Terms, good customs, or generally accepted rules of using the Internet,b. using the Service in a way that infringes the rights of HeyOkay sp. z o.o. or third parties,c. using the Service with software other than HeyOkay sp. z o.o.’s software or third-party software made available with HeyOkay sp. z o.o.’s consent,d. supplying into HeyOkay sp. z o.o.’s ICT system data that: disrupt or overload the ICT system of HeyOkay sp. z o.o. or third parties involved in providing the Service; constitute unsolicited commercial information addressed to a specific recipient within the meaning of the Act (spam); or otherwise violate the law, the Terms, the interests of HeyOkay sp. z o.o. or third parties, good customs, and generally accepted rules of using the Internet.6. HeyOkay sp. z o.o. applies technical systems aimed at preventing misuse of the Services.
7. HeyOkay sp. z o.o. may permanently or temporarily stop providing the Service or a Functionality to the User in the event of:
a. a violation or a justified suspicion of a material violation (temporarily until clarification) or a serious violation by the User of the law, the Terms, the rights of HeyOkay sp. z o.o. or third parties, good customs, or generally accepted rules of using the Internet,b. the User failing to consent to changes to the Terms within 14 days,8. Permanent or temporary cessation of the Service may occur, among others, as a result of the User committing the following violations:
a. sharing or sending content that is pornographic, racist, offensive to religious feelings, incites hatred or violence, or is indecent, offensive, or otherwise violates the law or good customs,b. depicting nudity where a person is completely naked or only partially covered in a manner that would be considered inappropriate in a public place,c. posting erotic photos, images or drawings, as well as describing fetishes,d. posting photos, images, drawings, or symbols related to totalitarian regimes,e. posting or sending materials that promote hatred, depict violence, self-harm, etc.,f. creating accounts for the exchange or sale of erotic photos or videos,g. having accounts engaged in the sale of used underwear, foot photos, erotic gadgets, etc.,h. running accounts offering sponsorship in exchange for erotic services or openly proposing sexual services,i. creating “romance scammer” type accounts,j. placing information about sex or sexual preferences in fields such as “Name”, “City”,k. using threats, harassment, stalking, or other actions infringing third-party rights (reported by other Users),l. using programs to automatically match chat partners,m. unlawful use of image, identity theft, or impersonation,n. phishing for HeyOkay account access data,o. fraud, data theft, computer piracy, or copyright infringement,p. data phishing, unlawful interception of information, violation of data integrity,r. fraud or coaxing money transfers, phishing BLIK codes, requests for financial support,s. encouraging financial investments without holding the required licenses,t. encouraging conversations on other social platforms (via profile descriptions, messages to Users),u. placing in the User’s profile, in fields such as “name”, “description”, “about me”, terms and content of an erotic nature (e.g., kinky, horny, fwb – friends with benefits, sugar daddy, escort, looking for a threesome, etc.) or links and information leading to erotic, pornographic, racist, homophobic, or hate-inciting sites.w. other actions violating the Terms, good customs, generally accepted rules of using the Internet, applicable law, the rights of HeyOkay sp. z o. o., or the rights of third parties.13. Permanent cessation of the Service means termination of the contract with immediate effect and is irreversible. Permanent cessation of the Service may also result in the deletion of all data entered by the User from the ICT system of HeyOkay sp. z o.o., unless:a. the law provides otherwise,b. competent state authorities have requested HeyOkay sp. z o.o. to preserve the data,c. deletion of all data from the ICT system of HeyOkay sp. z o.o. may be impossible due to the nature of the Service or Functionality (e.g., obligations under the Act of 1 March 2018 on counteracting money laundering and financing of terrorism).14. Temporary cessation of the Service results in limiting the User’s ability to use:a. the Servicesb. some of their Functionalities.15. Temporary cessation of the Service may be revoked after the User provides appropriate explanations regarding the violations.16. HeyOkay sp. z o.o. may process the data of a User to whom the Service has been permanently ceased to the extent necessary to clarify the circumstances of unauthorized use of the Service.17. Pursuant to Article 14(2) and (3) of the Act, HeyOkay sp. z o.o. is entitled to prevent (block) access to data entered by the User into the ICT system of HeyOkay sp. z o.o. in the event of:a. receiving an official notice of the unlawful nature of the stored data or related activity,b. obtaining reliable information or becoming aware of the unlawful nature of the stored data or related activity.18. In the case referred to in point 17, HeyOkay sp. z o.o. will immediately notify the User of the intention to block access to the data. The notification will be sent in a private message to that user.19. HeyOkay sp. z o.o. reserves the right to block the registration of a HeyOkay Account if attempts are detected to register Accounts for purposes that violate the Terms or are inconsistent with the purpose of the HeyOkay Platform, in particular:a. mass registration of Accounts,b. registration by spam bots,c. using VPN, Proxy or TOR during registration,d. registration from IP addresses used for fraud.Section IV: CONDITIONS FOR CONCLUDING THE CONTRACT, STARTING THE PROVISION OF THE SERVICE, AND TERMINATING THE CONTRACT.
1. Providing the Service requires registration of a HeyOkay Account.2. During registration, specified data must be provided, including, with the User’s consent, personal data.3. By registering, the User confirms that they are at least 16 years old and accepts responsibility for the accuracy of the data provided. If false personal data are provided, some Service functionalities may be unavailable until they are corrected.4. After completing registration, in order to use the Service, the User receives an individual account identifier.5. The agreement for the provision of the Service is concluded when the Terms are accepted and the provision of the Service begins.6. The User retains access to the Service using an email address and password or via the “Sign in with Google” service.7. The agreement for the provision of the Service is terminated:a. at the User’s request, orb. by HeyOkay sp. z o.o. in the cases indicated in Section III, point 9 of the Terms.8. The agreement for the provision of the Service may be terminated by HeyOkay sp. z o.o. if it is not used (understood as no login to the Service) for a period of at least 12 months,9. Termination of the agreement for the provision of the Service may result in the deletion of all data entered by the User from the ICT system of HeyOkay sp. z o.o., unless:a. the law provides otherwise, orb. deletion of all data from the ICT system of HeyOkay sp. z o.o. is not possible due to the nature of the Service or Functionality.10. If the User has made more than one registration, the termination will only affect access to the Service from the individual account.11. The controller of personal data is HeyOkay sp. z o.o.12. The rules for processing personal data as part of the Service are set out in the Privacy Policy available at: https://heyokay-api.herokuapp.com/download/policy_privacySection V: LIABILITY.
1. The User is responsible for all actions taken after logging in using an email address and password or via the “Sign in with Google” service.2. The User uses:a. the Service, in accordance with these Terms,b. services provided by third parties, at their own risk. The use of services made available in HeyOkay by third parties does not exclude or limit the liability of HeyOkay sp. z o.o. related to the provision of the Service to the extent that, by law, it cannot be excluded or limited.3. HeyOkay sp. z o.o. is liable to Users for non-performance or improper performance of the Service to the extent resulting from the Terms, unless such non-performance or improper performance results from circumstances for which, by law, it is not liable.4. Pursuant to Article 14 of the Act, HeyOkay sp. z o.o. is not liable for data entered by Users and stored in the ICT system of HeyOkay sp. z o.o.5. Pursuant to Article 13 of the Act, HeyOkay sp. z o.o. is not liable for transmitted data, providing automatic and short-term intermediate storage of such data to speed up subsequent access to them at the request of another entity (another User).6. HeyOkay sp. z o.o. is not liable for the consequences of non-performance or improper performance of obligations undertaken toward the User by other Users.7. HeyOkay sp. z o.o. is not liable for any consequences of Users’ use of applications to which the Platform provides access and which are provided by third parties. The User will be informed before starting to use a given application.8. HeyOkay sp. z o.o. is not liable for:a. the deletion of data entered by Users into the ICT system of HeyOkay sp. z o.o. from ICT systems outside the control of HeyOkay sp. z o.o.,b. the consequences of Users using the Service or its Functionalities with software other than HeyOkay sp. z o.o.’s software or third-party software made available with HeyOkay sp. z o.o.’s consent.c. the consequences of Users sharing login data with third parties.9. It is prohibited to create HeyOkay accounts using an email address that does not belong to the person creating the account. HeyOkay sp. z o.o. is not liable for such actions.10. HeyOkay sp. z o.o. may temporarily or permanently block a HeyOkay account if it receives information that the account was created using another person’s email address than the person creating the account.11. The Terms are applied with due regard to Users’ rights arising from consumer laws.Section VI: INTELLECTUAL PROPERTY.
1. HeyOkay sp. z o.o. holds rights to works, within the meaning of the Act of 4 February 1994 on Copyright and Related Rights, and to designations and trademarks made available within the Platform, to the extent necessary to provide the Service.2. Works, designations and trademarks made available within and for the purpose of providing the Service are protected under applicable law.3. The User is entitled to use works within the scope of private use permitted by law.4. Use beyond permitted private use requires the prior consent of the rights holder.5. The rules for using software provided by HeyOkay sp. z o.o. are set out in the relevant license agreements.6. The license agreement for the use of software provided by HeyOkay sp. z o.o. to provide the Service constitutes, as an annex, part of the Terms.Section VII: FINAL PROVISIONS.
1. The current version of the Terms is made available in a way that allows it to be stored and reproduced in the ordinary course of business.2. Each amendment to the Terms will enter into force:a. upon the lapse of 15 (fifteen) days from the date of notification of the amendment or on another date indicated by HeyOkay sp. z o.o., not shorter than 15 (fifteen) days; if the User does not agree to the amendment, the User is obliged to submit an appropriate statement to HeyOkay sp. z o.o., including via HeyOkay sp. z o.o.’s ICT system, before the amendment enters into force, and from that date must stop using the Service.b. immediately upon notification of the amendment or on another date indicated by HeyOkay sp. z o.o., if the amendments concern provisions of the Terms that do not affect Users’ situation.3. The rights and obligations arising from the Terms are governed by Polish law, in particular the provisions of the Civil Code and the Act of 30 May 2014 on consumer rights (Journal of Laws 2014, item 827).4. Amicable dispute resolution: the European Commission operates an online dispute resolution platform. The platform is available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=PL5. HeyOkay sp. z o.o. stipulates that the use of other alternative dispute resolution mechanisms requires the consent of HeyOkay sp. z o.o.Annex – License agreement for the use of software provided by HeyOkay sp. z o.o. to provide the Service.
1. The software provided by HeyOkay sp. z o.o. to provide the Service is a computer program (the “Program”) within the meaning of the Act of 4 February 1994 on Copyright and Related Rights (“copyright law”).2. HeyOkay sp. z o.o. declares that all ownership and intellectual property rights, including economic copyrights, to the Program as a whole, except for software originating from third parties, belong to HeyOkay sp. z o.o.3. HeyOkay sp. z o.o. authorizes the User to use the Program (the “License”) in the manner provided by copyright law for computer programs, to the extent necessary to use the computer program in accordance with its intended purpose by a person who has lawfully come into its possession, excluding the right to correct errors in the Program.4. Given the purpose of the Program, the scope of the License (the authorization referred to in point 3 above) is limited to the User’s use of the Service under the Terms.5. HeyOkay sp. z o.o. does not grant the User the right to use HeyOkay sp. z o.o.’s trademarks.6. All rights to works other than computer programs embodied in the structure of the Program (photographs, animations, images, video and audio recordings, music, texts and others), excluding works originating from third parties, belong to HeyOkay sp. z o.o., and under the License may be used only to the extent of the User’s use of the Service under the Terms.7. All rights to content to which the Program provides access belong to the holders of such content (“third-party content”). HeyOkay sp. z o.o. does not grant the User the right to use third-party content. Third-party content may be protected by copyright or other law or international agreements, and using it contrary to the will of the right holder may infringe third-party rights.8. The License becomes effective when the provision of the Service begins.9. HeyOkay sp. z o.o. does not guarantee the suitability of the Program for the User’s intended application.10. The User uses the Program at their own risk.11. HeyOkay sp. z o.o. reserves the right to terminate the License with 15 days’ notice.12. The Program may automatically download and install updates to improve and develop the Program. Updates may take the form of:a. new versions of the Program,b. improved Functionalities,c. new Program modules,d. programs that correct defects.13. The License covers each update of the Program.
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